Opponents of the plan said the city called the lease deal an emergency ordinance in an attempt to circumvent a planned referendum by opponents. Attorneys said the city did not follow a state law allowing an ordinance to be exempt from referendum.

But attorneys for the city said a change to the city charter in 1994 allows for a simple majority to create an emergency ordinance that would be referendum-proof.

Winkler had said last week that he would rule on the restraining order sometime this week.